New York City Council Header
File #: Int 0781-2015    Version: * Name: Liability for the cost and expense of sidewalk repairs and for injuries resulting from failure to repair by the owner of a house of worship.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Governmental Operations
On agenda: 4/28/2015
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to liability for the cost and expense of sidewalk repairs and for injuries resulting from failure to repair by the owner of a house of worship
Sponsors: Eric A. Ulrich, Fernando Cabrera , Andy L. King, Paul A. Vallone
Council Member Sponsors: 4
Summary: This bill would exempt owners of real property used as a house of worship from liability for any injury to property or personal injury, including death, resulting from the failure of the owner to maintain abutting sidewalks in a reasonably safe condition. The bill would further exempt owners of real property used as a house of worship from liability for the cost and expense of installation, construction, re-pavement, reconstruction, or repair of sidewalks in front of or abutting the property.
Attachments: 1. Summary of Int. No. 781, 2. April 28, 2015 - Stated Meeting Agenda with Links to Files
Int. No. 781
 
By Council Members Ulrich, Cabrera, King and Vallone
 
 
A Local Law to amend the administrative code of the city of New York, in relation to liability for the cost and expense of sidewalk repairs and for injuries resulting from failure to repair by the owner of a house of worship
 
 
Be it enacted by the Council as follows:
 
Section 1. Subdivision b and subdivision c of Section 7-210 of the administrative code of the city of New York are amended to read as follows:
b.  Notwithstanding any other provision  of  law,  the  owner  of  real property  abutting  any  sidewalk,  including,  but  not limited to, the intersection quadrant for corner  property,  shall  be  liable  for  any injury  to  property  or  personal  injury, including death, proximately caused by the failure of such owner  to  maintain  such  sidewalk  in  a reasonably  safe  condition.  Failure to maintain  such  sidewalk in a reasonably safe condition shall include, but  not  be  limited  to,  the negligent  failure to install, construct, reconstruct, repave, repair or replace defective sidewalk flags and the  negligent  failure  to  remove snow,  ice,  dirt  or other material from the sidewalk. This subdivision shall not apply to one-, two- or three-family residential real  property that  is  (i)  in  whole  or  in  part,  owner  occupied,  and (ii) used exclusively for residential purposes, nor shall it apply to real property that is used as a house of worship. For purposes of this section, the term "house of worship" shall have the same meaning as such term is defined in section 19-162.1 of this code.
c. Notwithstanding any other provision of law, the city shall  not  be liable  for  any injury to property or personal injury, including death, proximately caused by the failure  to  maintain  sidewalks  (other  than sidewalks  abutting one-, two- or three-family residential real property that is (i)  in  whole  or  in  part,  owner  occupied,  and  (ii)  used exclusively  for  residential  purposes or sidewalks abutting real property that is used as a house of worship) in a reasonably safe condition. This subdivision shall not be construed to apply to the liability of the city as a property owner pursuant to subdivision b of this section.
§ 2. Section 19-152 of chapter 1 of title 19 of the administrative code of the city of New York is amended by adding a new subdivision t to read as follows:
t.  The provisions of this section shall not apply to the owner of real property used as a house of worship. The term "house of worship" shall have the same meaning as such term is defined in section 19-162.1 of this chapter.
§ 3.  This local law shall take effect immediately upon enactment.
 
 
ENB
LS #4446
4/21/15 11:06 A.M.